(735 ILCS 5/11-101) (from Ch. 110, par. 11-101)
Sec. 11-101.
Temporary restraining order.
No temporary restraining order shall be granted without notice to the
adverse party unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and irreparable
injury, loss, or damage will result to the applicant before notice can
be served and a hearing had thereon. Every temporary restraining order
granted without notice shall
be indorsed with the date and hour of
signing; shall be filed forthwith in the clerk's office; shall define
the injury and state why it is irreparable and why
the order was granted without notice; and shall expire by its terms
within such time after the signing of the order, not to
exceed 10 days, as the court fixes,
unless within the time so fixed the order, for good cause shown, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The
reasons for the granting of the extension shall be stated in the
written order of the court. In case a
temporary restraining order is granted without notice, the motion for a
preliminary injunction shall be set for hearing at the earliest
possible time and takes precedence over all matters except older matters
of the same character; and when the motion comes on for hearing the
party who obtained the temporary restraining order shall proceed with
the application for a preliminary injunction and, if he or she does not do so,
the court shall dissolve the temporary restraining order.
On 2 days' notice to the party who obtained the temporary restraining
order without notice or on such shorter notice to that party as the
court may prescribe, the adverse party may appear and move its
dissolution or modification and in that event the court shall proceed to
hear and determine such motion as expeditiously as the ends of justice
require.
Every order granting an injunction and every restraining order shall
set forth the reasons for its entry; shall be specific in terms;
shall describe in reasonable detail, and not by reference to the
complaint or other document, the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers,
agents, employees, and attorneys, and upon those persons in
active concert or participation with them who receive actual notice of
the order by personal service or otherwise.
(Source: P.A. 84-554.)
|